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This is the Career Development Guide
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Accend is required by law to complete background checks prior to hiring anyone who will work directly with the people we serve. This policy and procedure describes that process and lists the disqualifying offenses.
This policy was last updated on December 2, 2018. It is subject to change without notice. Always check back here for updates.
How and when we do background checks
Actions we will take when we find a problem in a background check
Your Privacy Rights for background checks
Disqualifying offenses and conduct in Minnesota law
In compliance with Minnesota Statute 245C, Accend Services requires that all staff providing direct services to clients shall fully and accurately complete an application for a criminal background check prior to or upon hire to the agency, upon transfer within the agency to another licensed service, or as required by re-licensing of services to which the staff members is assigned. Accend Services submits these applications to the state or county licensing/certification office applicable to the service site or program.
Accend Services will not assign existing or new staff members to provide services until after their background checks are returned and cleared.
We update background checks annually.
Accend Services immediately removes from client contact any staff members who are disqualified as a result of background checks as defined in Minnesota Statute 245C.14 unless:
For team members who will drive as a part of their jobs, Accend also requires motor vehicle reports upon hire and annually. Certain serious or numerous traffic violations may result the team member being prohibited from driving while on duty.
Accend will check driving records prior to employment and at least annually. For purposes of driving record checks, Accend uses a point system recommended to us by our liability insurance provider, with more serious moving violations constituting more points. A score of 10 points or higher in the previous three years may disqualify an employee from driving. When driving is a requirement for a position, this may result in termination of employment.
Employees who drive personal vehicles for work must maintain minimum liability insurance and provide proof of this to Human Resources. If you change your insurance coverage or carrier, you must provide proof of the new/changed coverage.
Applicants must disclose disqualifying offenses on their applications for employment with Accend Services. Staff members who are hired and found to have falsified or purposely omitted information on their applications that may lead to disqualification may face immediate termination of their employment with Accend Services.
All current staff members who are arrested for or convicted of disqualifying offenses, potentially disqualifying offenses, or who have questions about whether arrests or convictions may disqualify them, must immediately report this immediately to Accend Services, who will determine whether or not they must be removed from client contact. This duty to report includes serious traffic violations for staff members who drive during work.
Prior to assignment of an applicant to direct service, the hiring supervisor shall obtain information required for completing a criminal background check using the form attached to this policy, or by asking the applicant to complete his or her application for a background check online at the NETStudy website.
Human Resources shall obtain the clearance, disqualification or pending status using the NETStudy website. If the applicant is disqualified, or if more time is needed, the Office Manager shall inform the applicant and/or his or her supervisor of the status. The applicant shall not be allowed to work in direct contact with clients until a clearance or a set aside of the disqualification is obtained.
Because the Minnesota Department of Human Services is requesting that you provide private information about yourself, the Minnesota Government Data Practices Act requires that you be informed of the following:
For the statute and links to specific offenses listed here, see: Minnesota Statute 245C.15 Disqualifying crimes or conduct. Similar offenses in other states are also disqualifying for the same time periods listed here.
(a) An individual is disqualified under section 245C.14 if:
(1) regardless of how much time has passed since the discharge of the sentence imposed, if any, for the offense; and
(2) unless otherwise specified, regardless of the level of the offense, the individual has committed any of the following offenses:
An individual also is disqualified under section 245C.14 regardless of how much time has passed since the involuntary termination of the individual's parental rights under section 260C.301.
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, permanently disqualifies the individual under section 245C.14.
(c) An individual's offense in any other state or country, where the elements of the offense are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies the individual under section 245C.14.
(d) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(a) An individual is disqualified under section 245C.14 if:
(1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a felony-level violation of any of the following offenses:
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) For foster care and family child care an individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's voluntary termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 260C.301, subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a).
(e) If the individual studied is convicted of one of the felonies listed in paragraph (a), but the sentence is a gross misdemeanor or misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the conviction is the period applicable to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(a) An individual is disqualified under section 245C.14 if:
(1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a gross misdemeanor-level violation of any of the following offenses:
(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).
(d) If the defendant is convicted of one of the gross misdemeanors listed in paragraph (a), but the sentence is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the conviction is the period applicable to misdemeanors.
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(a) An individual is disqualified under section 245C.14 if:
(1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a misdemeanor-level violation of any of the following offenses:
(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:
(1) failure to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or
(2) substantiated serious or recurring maltreatment of a minor under section 626.556, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.
(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
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